When evaluating the issues surrounding the implied consent law, it is essential to understand that in California, the legislature views driving as a privilege, not a right. Therefore, to enjoy the privilege of driving on the roads in our state, each driver must agree to certain things related to their driving rights.
One important thing is that if the police pull you over and ask you to consent to an alcohol test because they believe that you are under the influence of alcohol, then you must comply. This gives the police a lot of power because it is often very subjective as to whether or not someone is under the influence of alcohol.
Refusing to comply with a police request for an alcohol test under the implied consent law carries severe consequences. It is automatically assumed that you are driving under the influence of alcohol, leading to a one-year suspension of your driver's license by the Department of Motor Vehicles. This suspension comes with no restricted privileges, making it a significant deterrent to non-compliance.
If this rule were not in place, authorities would not be able to catch anyone for a DUI. After all, everyone would refuse to cooperate, and the police would have no way to prove their case in court.
The result of losing your driver's license for a year is very harsh and devastating for most people living in the Los Angeles area. Because it is so hard to get around in Los Angeles, losing your driver's license can cost you in many different ways.
Cooperation with the police during a DUI investigation is crucial. Even if you are over the legal limit, the DMV will only suspend your driver's license for a whole 30 days (for your first offense, with a five-month local approval after that) versus the one-year suspension for refusing to take the blood or breath test when asked to do so by law enforcement. This underscores the potential benefits of cooperation in such situations.
Test You Must Take Under Implied Consent Law
Under the implied consent law, there are specific tests you are required to take. For instance, you are not obligated to take the field sobriety tests that the police usually try and administer during their DUI investigation. Understanding these exemptions is crucial in exercising your rights under the implied consent law.
Further, you are not required to take the preliminary alcohol screening device (PAS device) test at the scene of your arrest. Of course, if you have not been drinking any alcohol when the police pull you over, then you may want to take it so that they will let you go and not take you back to the station and ruin the rest of your night.
If the police suspect that you are under the influence of alcohol, you will be required to take either a blood or breath test at the station. The blood test is typically done at the hospital. However, some stations (like Van Nuys) can take people's blood for DUI purposes.
Most of the time, the breath test is usually done at the police station in Los Angeles County. However, be aware that many counties, such as Ventura and Orange, are requiring people to take the official breath test on-site. Again, when you do not cooperate with the police during a DUI investigation, you run the risk that they will try and cheat you and write their report.
Another thing that you do not have to do as part of the implied consent law is to give the police any statement. For example, you can simply refuse to answer if they ask how many drinks you had or any other questions designed to elicit an incriminating response.
The police often attempt to sneak in incriminating questions during the booking process to seal any loose ends related to their DUI investigation. The bottom line when it comes to implied consent is that you must take the blood or breath test, but not wholly give them all of the other information they need to build a case related to their DUI investigation.
Will You Lose All Your Rights If You Don't Comply?
Just because someone made the wrong move of refusing to submit to a chemical test when asked to do so by a law enforcement officer related to a DUI investigation does not necessarily mean that they lose all ability to challenge their DUI case.
There are specific rules that the police must comply with to convict you of a DUI. If they stop you illegally, for example, then everything they find after that would be thrown out based on the illegal stop. That would include any argument that you refused to take the blood or breath test.
Another way to fight your DUI refusal case centers around the requirements that the police must conform to if they want to utilize the refusal / implied consent law to convict you of a DUI.
They must explain what will happen if you refuse to take a chemical test and then record your response after you are asked to comply. Further, they must explain to you that you have a choice of giving a blood or breath sample to meet their requirements.
I see that many police officers tell a person they must take a breath test or risk losing their license. This is not sufficient for a refusal because they must also offer them the blood test and inform them that they have a choice between the two tests. The police are too lazy to go to the hospital and perform the blood test, and will not let them off the hook for failing to comply with the refusal requirements.
